On May 21, 2012, the Seventh Circuit issued a decision in Cortezano v. Salin Bank & Trust Co., No. 11-1631, holding that an individual’s immigration status, by itself, was insufficient to support a national origin discrimination claim under Title VII. The case involved a bank manager whose spouse had come into the United States illegally from Mexico. The spouse used a tax identification number (which he obtained under what the court described as murky circumstances) to open joint accounts with at the bank. After the…

For the first time ever, the Equal Employment Opportunity Commission (EEOC) recently released a state-by-state analysis of charges received. The statistics cover 2009-2011 and the link can found here. The top five states receiving the most charges were, in order, Texas (9952), Florida (8088), California (7166), Illinois (6098), and Georgia (5599). Commentators have noted these states’ large populations generally, as well as high numbers of individuals most vulnerable to discrimination, as contributing to the charge numbers. Indiana ranked 13th in the number of charges filed…

The Northern District of Alabama recently rejected a plaintiff’s request for sanctions against her former employer, Logan’s Roadhouse, arising in relation to the contents of personnel files. The ruling stems from a case in which a former Assistant Manager claimed the restaurant had violated Title VII of the Civil Rights Act of 1964 by failing to promote her and then terminating her employment due to her sex or alleged past complaints of gender discrimination/harassment. The plaintiff further alleged that she had been paid unequally due…

A federal district court in New York recently ruled that Facebook messages sent by plaintiffs in anticipation of litigation were eligible for qualified protection under the “work-product” doctrine (meaning they would be shielded from disclosure). Plaintiffs were former entertainers at the Penthouse Executive Club, and brought a collective action alleging the defendants failed to pay minimum wages and overtime compensation. The messages, sent to potential class members, reflected conversations with plaintiffs’ counsel regarding litigation strategy. The communications also included responses to specific questions about the lawsuit. However, reply messages from nonparties…